Lawsuit claims inmate's cancer was ignored

Jovon Frazier was 21 when he died; a federal civil rights complaint says “deliberate indifference” led to his death.

By ELIZABETH JOHNSON

It started with complaints of shoulder pain.

The nurse at the Manatee County Jail gave the inmate, Jovon Frazier, Tylenol and sent him on his way.

Not quite two weeks later, Frazier again completed an inmate medical request form, citing “sharp pain” in his left shoulder and concern about a possible fracture.

“It really hurts! HELP!” Frazier wrote.

Frazier was once again treated routinely and given some Tylenol.

Later that month, on Aug. 26, 2009, Frazier submitted his third request for medical care. His vital signs were recorded.

In the next two months, Frazier submitted a dozen more requests for care for his shoulder.

Eventually, he was taken to Manatee Memorial Hospital, where doctors found a mass, “most likely osteosarcoma.”

Bone cancer.

He was 19 when his arm was amputated, and just a couple of weeks past his 21st birthday when he died on Sept. 18, 2011.

Now his family has filed federal and circuit lawsuits against the Manatee County Sheriff's Office, Corizon Health — a health care company contracted by the jail at the time — and Karen Worthington, the licensed practical nurse who saw Frazier on numerous occasions.

The federal civil rights complaint filed in September, and amended in November, by Frazier's grandmother, Shirley Jenkins, alleges that “deliberate indifference” to Frazier's medical needs led to his untimely and wrongful death.

The family did not wish to comment for this story.

Attempts to contact their attorney, Bill Hutchinson, were unsuccessful.

'I need a doctor'

Frazier was taken to jail in February 2009, charged with grand theft auto, possession of marijuana and cocaine and possession of a firearm and ammunition by a convicted felon.

He pleaded no contest to the narcotics charges, and the other counts were dropped.

He was released that following January, and arrested again on another drug charge in July 2010. He remained in jail through April 8, 2011.

On Sept. 17, 2009, he had an X-ray completed at the jail that showed normal results — negative for a fracture.

But the pain persisted.

Eleven days later, he wrote on his eighth inmate medical request form: “I need to see a doctor! I've been having sharp pain in my left shoulder and I didn't need pills. I done put a lot of sick calls in and y'all keep sending me back and aint tell me nothing. I need a doctor.”

Frazier was given more medication and an exercise for his shoulder.

Another X-ray was done on Oct. 29, 2009, and a doctor suggested he would need an MRI.

Frazier was taken from the jail to Manatee Memorial Hospital for additional tests.

He had a “large soft tissue mass” on his shoulder, “most likely osteosarcoma,” the doctor wrote.

In November, Frazier was taken to Moffitt Cancer and Research Center, where he later returned 13 times for treatment that included chemotherapy and amputation of his left arm.

The cancer spread to his lungs, eventually causing his death in 2011.

Motions to dismiss

The Sheriff's Office and Corizon Health Inc. earlier this month filed almost identical motions to dismiss.

Both say that some of the time period falls outside a four-year statute of limitations, and that it is unclear what medical need went untreated.

“The best Corizon can conjure is that its employees should have diagnosed Frazier's cancer or sent him to specialists in a more timely manner,” the company's motion states.

The motions state that Frazier received medical care but his family disputes whether the treatment was adequate. Case law stating that “federal courts are generally reluctant to secondguess medical judgments,” is cited in both motions.

The family's complaint alleges that staff made no attempts to determine the cause of the shoulder pain or to diagnose the condition before it was too late.

Corizon's last point is that it cannot be held accountable for allegations against an employee without having an established policy that led to the alleged violation of constitutional rights.

Similarly, the Sheriff's Office argues that a department employee is not accused of any wrongdoing, only a person hired by its contracted medical provider, relieving the department of any liability.

The Sheriff's Office attorney could not be reached for comment.

A representative for Corizon declined to comment, citing a company policy to withhold statements about pending litigations.

Neither complaint lists a specific amount of money being sought for restitution, citing that the family has lost perspective of accumulated expenses resulting from the alleged delay or lack of adequate treatment.